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NIMBLE NEURON TERMS OF SERVICE

Eternal Return
  • Updated

(Microsoft platforms follow the Microsoft’s Terms of Service)

If you reside in the service area of Kakao Games Europe B.V. included in Annex 1, these terms of service (“Terms of Service”) are an agreement between you and Kakao Games Europe B.V., “the Company”.

By using the Service (as defined below), you accept and agree to these Terms of Service and expressly accept that these Terms of Services apply to the agreement between you and Kakao Games Europe B.V. or Nimble Neuron Corp. mentioned above.[1] If you do not agree to these Terms of Service, please do not install, access, or use the Service.

  • GENERAL
    • The Company grants to you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to use and display the services (“Service”) provided by the Company for your personal, non-commercial use by any device(s) of which you are the sole, primary user. The Service means any computer, console, or mobile game, licensed product or service accessed, downloaded, or installed by you from the Company website(s) or through Steam®, Xbox™, Playstation™, App Store® and Game Center Service, Google Play™ store, and any other third-party platform (“Third-Party Marketplace”). The terms “you” and “your” refers to the user of the Service provided by the Company. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in these Terms of Service. By installing, accessing, or using the Service, you accept and agree to the terms of these Terms of Service.[2]
    • The Company has the right to change these Terms of Service. After the Terms of Service have been changed, a notification will be given upon your first use of the Service after the change of the Terms of Service, and you will be provided with a reasonable opportunity to take notice of the changes in the Terms of Service. The changed version of these Terms of Service will become effective immediately after you have had opportunity to take note of the changed terms Terms of Service. If you do not agree with the changed Terms of Service, you have the right to terminate the (changed) Terms of Use and discontinue the use of the Service.
    • Your use of the Service is conditioned upon your compliance with the Terms of Service and any use of the Service in violation with the Terms of Service will be regarded as an infringement of the Terms of Service.
    • If you are under the age of 18, you understand and agree that your legal guardian has reviewed and agrees to the terms of service on your behalf before your use of the service. 
    • When you register to become a user of the Service, you may be requested to create a password, a nickname and/or user ID or register your e-mail address as your username. You are responsible for maintaining the security and confidentiality of your password and you are solely responsible for any and all use of your account and actions taken under your account. You will also be solely responsible for the maintenance of the device used for the registration. 
  • VIRTUAL GOODS AND PAYMENTS
    • The Service may contain virtual currency (“Virtual Currency”) and/or virtual goods (“Virtual Goods”). Virtual Currency means virtual cash, such as coins, points, gold, carats, or similar items that may be (i) obtained or earned through the Service or (ii) purchased by you for actual currency. Virtual Goods are provided solely for your entertainment use, and they are virtual digital items, such as tools, abilities or other goods that may be (a) obtained or earned through the Service or (b) purchased by you for actual currency or for Virtual Currency. You may purchase Virtual Currency and/or Virtual Goods through the Company, any of its applicable licensee of the Service, or applicable Third-Party Marketplace.
    • You agree that you have reviewed, understood, and agreed to any and all of the applicable terms of Virtual Currency and Virtual Goods[3] prior to making any transaction, including but not limited to purchase and refund procedures. 
    • You are granted a non-exclusive, non-transferable, non-sublicensable, revocable, personal, limited license to use Virtual Currency and Virtual Currency within the Service that you have purchased or otherwise obtained in a method authorized by the Company. The Company may control, manage, regulate, modify, or eliminate Virtual Currency and/or Virtual Goods, without notice or, in case of an apparent and substantial interest thereto on your part, with notice. Otherwise, you have no right or interest in or to any such Virtual Currency or Virtual Goods in the Service.
    • You may not transfer, sell, or sell Virtual Currency and Virtual Goods to any third party except where expressly authorized by the Company. Any such transfer or attempt to transfer is prohibited and void and may subject your account to termination.
    • You also understand and agree that all sales of Virtual Currency and Virtual Goods are final and non-refundable, except where the Company, Provider, or the applicable Third-Party Marketplace decides to provide a refund.[4] In addition, if your account or any portion of the Service is discontinued or terminated, you will forfeit all Virtual Currency and Virtual Goods.[5]
  • INTELLECTUAL PROPERTY 
    • All contents available through the Service, including without limitation, title, ownership, text, photographs, images, graphics, designs, audio, video, applications, software, files, and any and all other intellectual properties (“Company Content”) are the proprietary contents and are properties of, and are solely owned by, the Company and/or its licensors. Such contents are protected by laws relating to copyright, patent, trademark, trade secret and/or other forms of intellectual property and by other applicable laws, and the Company reserves and retains all rights. Except where expressly authorized by the Company, you may not copy, modify, translate, distribute, transmit, publish, republish, download, upload, frame, make available, lend, hire, adapt, or sell the Company Content or any portion thereof. Any unauthorized use of the Company Content may violate copyright law, trademark law or other applicable laws and regulations and will result in the termination of the license granted hereunder. Except as expressly set forth in these Terms of Service, these Terms of Service do not, and shall not be interpreted or construed to, grant to you any license to any intellectual property rights or other proprietary rights, including any implied license or license granted by estoppel or otherwise. The obligation set forth in this section 3.1 shall survive any termination or expiration of your account or your use of the Service.
    • The names and marks “Nimble Neuron” and “Kakao Games Europe”, any of the Service and the Company’s game, and any other logos, graphics, designs, web/page designs, and icons of the Company used in connection with the Service are registered or unregistered trademarks, service marks or trade dress of the Company (the “Marks”). You may not use the Marks other than in connection with any incidental personal use, as necessary. Without limiting the foregoing, you will not be permitted to use any of the Marks or any mark that is similar to, or likely to cause confusion with, any of the Marks as part of your organization or company name, as part of a domain name, or as part of any trademark or service mark used by you. The obligation set forth in this section 3.2 shall survive any termination or expiration of your account or your use of the Service.
  • USER-GENERATED CONTENT
    • You are solely responsible for all text, photographs, images, graphics, designs, audio, video, games, applications, software, files, user profiles, messages, and other content (collectively, “User Content”) that you post to, or transmit through, the Service or that you share with other users. You may not post, transmit, store, or share any User Content that is not an original work of authorship by you or that you do not have rights or permission to post. The Company may review, but is not obligated to review, User Content posted to, transmitted through, or shared with other users of, the Service to verify that such User Content and actions related thereto complies with these Terms of Service. The Company may, in its sole discretion and without notice to you, modify, remove, delete, or disable access to, any User Content, including, without limitation, if the applicable User Content or actions related thereto do not comply with these Terms of Service.
    • The Company is not liable for any loss you incur as a result of the removal, deletion, or disabling of access to, any of your User Content in the Service by the Company. The Company may, but is not obligated to, monitor User Content, including without limitation any messages sent by or between users by or through the Service If the Company chooses to monitor User Content or to remove, delete, or disable access to, any User Content, such acts will not result in the Company assuming any responsibility for the User Content or the user associated with such User Content and the act of monitoring the Service or any User Conduct will not obligate the Company to modify, remove, delete, or disable access to, any User Content that does not comply with these Terms of Service. The obligation set forth in this section 4.2 shall survive any termination or expiration of your account or your use of the Service.
    • Subject to the following license between you and the Company, you retain ownership of all of your rights in the User Content. By posting User Content to, storing User Content at, or transmitting User Content through, the Service, you (a) authorize and direct the Company to reproduce, distribute, transmit and use such User Content as necessary to facilitate the posting, storage and transmission of, and the access to, such User Content in connection with the Service, and (b) grant to the Company a nonexclusive, worldwide, perpetual, royalty-free, fully paid, transferable license (with the right to sublicense) to use, reproduce, distribute, publicly perform, publicly display, reformat, translate, excerpt, modify, and create derivative works of your User Content, for any purpose (commercial or non-commercial), including without limitation use in connection with the Service. You may remove any User Content from the Service , in which case the foregoing license will terminate with regard to its future usage upon our receipt of your notice or our acknowledgement of such removal; provided that the Company may retain archived copies of your User Content for so long as is necessary for administrative purposes and permitted under applicable laws, and if the Company has used your User Content prior to your removal of it, the Company may continue to use your User Content in any manner the Company previously had used such content. (For example, if your User Content was included in an advertisement, the Company may continue to use such advertisement). The obligation set forth in this section 4.3 shall survive any termination or expiration of your account or your use of the Service.
    • The Company has no liability to you for the User Content, and makes no warranties, express or implied, as to or the accuracy, reliability or content of the User Content posted on or through the Service and such User Content does not necessarily reflect the opinions, positions, or policies of the Company. Although the Company provides rules and principles for user conduct and postings, the Company does not control, and has no liability to you for, what users post, transmit or share to or through the Service and the Company has no liability to you for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter or access on or through the Service, including in connection with any User Content. The obligation set forth in this section 4.4 shall survive any termination or expiration of your account or your use of the Service.[6]
  • PROHIBITED CONDUCT
    • You may use the Service solely for your personal, non-commercial use. You represent, warrant, and agree that you will not use the Service in an unlawful, threatening, or harassing manner, or take any action that is offensive, libellous, defamatory, immoral, or unethical or that is otherwise inconsistent with the standards of community and good conduct that the Company intends to govern the use of Service and the Company reserves the right to remove, reject, deny, prohibit, or refuse to post or transmit, any such content or messages by you. Without limiting the foregoing, the actions set forth below are expressly prohibited and may result in suspension or termination of your account.
  • Acts of Slander, Libel and Threat and Offensive Content

Creating a nickname and/or user ID, posting or transmitting a message or any content or file to or through the Service, or otherwise using the Service to engage in any action, that:

Is slanderous, libellous, defamatory, disparaging, harmful, vulgar, abusive, unlawful, harassing, fraudulent, invasive, or insulting;

Is threatening or intimidating; contains or promotes excessive violence or offensive subject matter;

Evidences bigotry or evidences bias, discrimination or hate on the basis of, or advocates physical violence against any person or group on the basis of, race, sex, sexual orientation, religion, age or other traits, or that is otherwise offensive or objectionable; or

Is made with an intent to defraud or mislead the Company or other users or that you know is false or misleading;

Stalking any other user of the Service or otherwise using the Service to threaten or stalk any individual or group; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

  • Actions for the Purpose of Offline Interaction

Utilizing the Service for the purpose of dating or engaging in sexual conduct or encouraging others to do the same;

Posting or transmitting a message or any content or file to or through the Service for the purpose of meeting another user, such as suggesting an offline meeting, or for the purpose of encouraging another user to engage in such actions;

Utilizing the Service to provide another user with personal information not included in your profile (including telephone number, physical address, email address, etc.) or to request such information from another user; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

  • Posting or Transmission of Adult Content

Utilizing the Service to submit, send, or transmit a message, file or any other content that includes lewd, obscene, pornographic, or sexual content or subject matter; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

  • Transmission of Advertising and Spam and Engaging in Similar Acts

Utilizing the Service to post, transmit or send advertisements, junk mail, chain letters, solicitations, unsolicited content with a commercial purpose, or messages or content that otherwise harass or inconvenience users or other recipients;

Utilizing the Service to direct, redirect, or drive traffic to an unrelated website or service for commercial gain or to fraudulently induce another user to access, visit or view another website or service or to cause another user to unintentionally do so;

Collecting or harvesting email addresses, mobile phone numbers, user identifications or other communications targets by automated or other means for the purposes of sending unsolicited emails or other unsolicited communications; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

The sending of spam through the Service will not be tolerated and the Company will take such action against spammers, including taking legal proceedings and reporting to the relevant authorities, as it may be advised.

  • Actions that Infringe on Third Party Rights

Posting or transmitting a message or any content or file to or through the Service that infringes, misappropriates, dilutes or violates any copyright, trademark, privacy, publicity, or other intellectual property right or proprietary right of another person or entity;

Otherwise utilizing the Service in any manner that infringes, misappropriates, dilutes or violates any copyright, trademark, privacy, publicity, or other intellectual property right or proprietary right of another person or entity (including the Company);

Posting or disclosing other users’ or other individuals’ photographs, personal information or other private information or data (including Social Security numbers, credit card numbers, phone numbers, physical or email addresses) or otherwise utilizing the Service in a manner that violates the privacy of another person or entity;

Soliciting passwords of other users, or soliciting personally identifiable information for any purpose, whether commercial or non-commercial, or lawful or unlawful; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

  • Falsifying User Information and Other Actions Related to User Accounts

Logging in on another user’s account or using another user’s name, nickname, avatar, or other identifier to send messages, post content or take other actions that utilize the Service;

Providing any false information in the registration form to become a Registered User or otherwise providing false information in your user profile or through the Service, including, without limitation, misrepresenting your age;

 

Registering on behalf of another person, entity or group;

Selling, trading, or transferring your Registered User account or purchasing or receiving the Registered User account of another user; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

  • Interrupting Games and Falsifying Game Scores

Intentionally forcing the Service to end in the middle of a Service or taking other actions that disrupt or interrupt the Service; Intentionally exploiting any bugs or weakness in the Service, hacking, or any Service game or falsifying the scores in any Service game; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

  • Exploiting the Service

Intentionally exploiting any bugs, weaknesses or vulnerabilities in the Service or taking any action that could disable, damage, impair, injure or overburden the Service;

Using automated scripts, spiders or other technological methods to collect information from the Service or to otherwise engage the Service;

Reverse engineering or analyzing the software or services that are provided through the Service or otherwise using the software code other than as permitted herein;

Posting, introducing, or transmitting to or thorough the Service viruses, disabling code, Trojan horses, malware, spyware, adware, malicious code or other code, files or programs designed or intended to interrupt, interfere with, limit, compromise or destroy any computer or device software, hardware or telecommunications equipment, infrastructure, or networks; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

  • Commercial Uses and Solicitation

Conducting sales, exchanges, swaps, auctions or other transfer of products or services through the Service;

Using the Service for gambling purposes;

Posting or transmitting a message or any content or file to or through the Service that includes links or URLs that are not approved by the Company;

Soliciting other users to join organizations, associations, religious groups or other affinity or identity groups other than groups established pursuant to the Service and approved by the Company, or soliciting other users to join, invest in, or collaborate with, pyramid investment schemes, multilevel marketing enterprises, or similar groups or enterprises;

Posting or transmitting a message or any content or file to or through the Service for the purpose of commercial advertisement or publicity (including, without limitation, recruitment advertisements); or

Engaging in other acts that the Company reasonably determines are related to or similar to the above.

  • Additional Prohibited Acts

Posting or transmitting a message or any content or file to or through the Service that is unlawful or that solicits or encourages unlawful acts or otherwise using the Service to engage in any action that is unlawful or that solicits or encourages unlawful acts;

Taking an action or encouraging any action that disturbs the operation of the Service; Taking any action or utilizing the Service in such a manner that may expose the Company or its users to legal liability or harm of any type; or

Engaging in other acts that the Company reasonably determines are related to or similar to the above. The foregoing provides examples of the types of actions and content that are prohibited in connection with your use of the Service, but the Company reserves the right to prohibit similar actions and content and to investigate and take legal action against violators as appropriate. If you believe any of the foregoing prohibited actions are taking place, please notify the Company promptly by following the process described on our support page at: https://playeternalreturn.com/help?hl=en-US.

  • TERM AND TERMINATION
    • Without prejudice to any other rights of the Company, these Terms of Service shall remain in effect for as long as you use or run the Service. If you fail to comply with any term hereof, the Company reserves the right to remove, reject, deny, prohibit, or refuse to post or transmit, any content or message by you, or to deny, restrict, suspend, discontinue, or terminate your account or access to the Service or any portion thereof, subject to a notice period that is reasonable under the circumstances or with immediate effect on serious grounds (zwaarwichtige gronden). Further, the Company expressly reserves the right to remove your profile or account and/or to deny, restrict, suspend, or terminate your access to the Service or any portion thereof if the Company reasonably determines or believes that you have materially violated these Terms of Service or that you pose a threat to the Service, the Company and/or any other user. The obligation set forth in this section 6.1 shall survive any termination or expiration of your account or your use of the Service.
    • The Company reserves the right to terminate the agreement for the Service between you and the Company by giving you written notice of termination with a notice period of at least thirty calendar days. You have the right to terminate the agreement for the Service between you and the Company at any moment in time without prior written notice.
    • The Company also has the right to terminate the agreement for the Service between you and the Company in case:
  • you breach one or more of your material obligations under these Terms of Use, and/or of the applicable terms of Virtual Currency and Virtual Goods and such breach cannot be remedied or has not been remedied within 30 calendar days after a written notice of such breach by the Company;
  • you breach one or more of your material obligations under relevant applicable laws and regulations and such breach cannot be remedied or has not been remedied within 30 calendar days after a written notice of such breach by the Company; and
  • the Company decides to stop providing the Service to all users, provided that the Company gives prior written notice of the discontinuation of the Service to you at least 3 calendar months before the date of termination of Service.
    • You may close your account and terminate the agreement for the Service between you and the Company without cause by uninstalling and/or stop using the Service. Please note that you may lose: (i) your original game nickname and/or ID (“Original ID”), (ii) your in-game progress, such as in-game levels and items, and (iii) any Virtual Goods and/or Virtual Goods (as defined under Sections 2.1, 2.2, 2.3, 2.4 and 2.5 of these Terms of Service) that you (a) earned via the Service and/or (b) purchased from the Company, any of its applicable licensee of the Service, or applicable Third-Party Marketplace accessible from that account at the time of the termination. The obligation set forth in this section 6.4 shall survive any termination or expiration of your account or your use of the Service.
    • Please note that the Company may remove your Original ID with prior given notice if you do not use the Service, such as logging-in to your game account or playing the game, for 365 consecutive days (1 year). If this occurs, you may not use the Original ID and instead, the Company may provide you with following options once you use the Service again: (i) a new in-game nickname and/or ID, or (ii) a chance to create a new in-game nickname and/or ID. The obligation set forth in this section 6.5 shall survive any termination or expiration of your account or your use of the Service.
  • CHANGE TO SERVICE
    • The Company reserves the right to change, discontinue, or terminate the Service or any and all content, applications, and other items used or contained in the Service from time to time.
    • If the Service or any and all content, applications, and other items used or contained in the Service is changed, discontinued, or terminated, you will receive notification of such change, discontinuation or termination. If you do not agree thereto, you have the right to terminate the Terms of Use and discontinue the use of the Service.
  • USING THE SERVICE 
    • By installing or using the Service, you agree that you have read, understand, and agree to the terms of these Terms of Service, End User License Agreement, Privacy Policy and any other rules that are applicable to the Service.[7] IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS OF SERVICE, END USER LICENSE AGREEMENT, PRIVACY POLICY, AND/OR ANY OTHER RULES THAT ARE APPLICABLE TO THE SERVICE, PLEASE DO NOT INSTALL OR USE THE SERVICE. 
  • THIRD PARTY INTELLECTUAL PROPERTY
    • The Company respects others’ intellectual property rights and holds its users to the same standards. Accordingly, you may not upload, post, send or transmit to or through the Service any materials that violate third party intellectual property rights. The Company reserves the right to remove or disable access to any infringing material and to terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act of the United States and other applicable law. In addition, the Company reserves the right to terminate, limit or suspend the accounts of users who are infringe any third-party rights, irrespective of whether such users are repeat infringers for purposes of applicable law.
  • LIMITATION OF LIABILITY[8]
    • The aggregate liability of the Company for all damages for any cause arising under the agreement for the Service between the Company and you shall not exceed the total of the fees invoiced by the Company and paid by you for the Service during the last six (6) calendar months prior to the day on which you notified the damage(s) to the Company.
    • The Company is not liable if and to the extent damage is caused by the fact that you and/or other users have not complied with applicable laws and regulations and/or the Terms of Use.
    • These limitations and exclusions of liability shall not apply in the event of: (i) death or personal injury, and (ii) gross negligence or wilful misconduct by the Company.
  • FORCE MAJEURE
    • The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond the Company’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, earthquakes, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour, epidemics, pandemics or materials.[9]
  • GOVERNING LAW
    • Any dispute between you and the Company regarding these Terms of Service will be governed and construed in accordance with the laws of the Republic of Korea without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
    • You agree that any action to enforce, interpret, initiate any suit, action or proceedings that may arise out or, or in connection with these Terms of Service shall be brought in the courts located in the Republic of Korea, which shall have the exclusive jurisdiction and venue. Nevertheless, if the Company invokes this article and brings a suit, action or proceedings before the court located in the Republic of Korea, you have the right during one month to bring the dispute before the courts that have jurisdiction according to applicable laws.
    • This section 12 (Governing law) shall survive any termination or expiration of your account or your use of the Service.

If you have any questions regarding these Terms of Service, please contact the Company customer support at: https://playeternalreturn.com/help?hl=en-US.

Effective Date: 28 October, 2021.

 

 

[1]    L&L note: please note that the Dutch law requirements regarding the applicability of general terms and conditions must be observed in order to bind the Dutch users to these Terms of Service.

[2]    L&L note: we point out that this is a controversial provision considering the declaration fiction (verklaringsfictie) as it applies in Dutch consumer law. Accordingly, it cannot be said with certainty that this provision will hold up in Dutch courts.

[3]    L&L note: we point out that this is a controversial provision considering the declaration fiction (verklaringsfictie) as it applies in Dutch consumer law. Accordingly, it cannot be said with certainty that this provision will hold up in Dutch courts.

[4]    L&L note: Since we have not yet been able to look at the applicable terms regarding the Virtual Currency and Virtual Goods, it is not possible to fully assess whether, and if so, under which conditions, it is possible to exclude rescission or withdrawal.

[5]    L&L note: It could be argued that this amounts to restricting the consumer's right of rescission in general terms and conditions, which is not allowed under Dutch. However, it is not entirely whether this also applies here, especially since we have not (yet) reviewed the applicable terms regarding the Virtual Currency and Virtual Goods,

[6]    L&L note: under Dutch law, exoneration of liability in general terms and conditions applicable to consumers is almost never allowed. In view of Kakao's desire to mirror Elyon's terms of use, we have nevertheless included this exoneration clause, also since there is an argument to be made that exoneration in respect of User Content should be possible. 

[7]    L&L note: We point out that this is a controversial provision considering the declaration fiction (verklaringsfictie) as it applies in Dutch consumer law. Accordingly, it cannot be said with certainty that this provision will hold up in Dutch courts.

[8]    L&L note: under Dutch law, exoneration of liability in general terms and conditions applicable to consumers is almost never allowed. Limitation and exclusion of damage is in principle only possible in those cases in which the user of the general terms and conditions cannot reasonably market the goods or services without exoneration. In view of Kakao's desire to mirror Elyon's terms of use, we have nevertheless included a limited limitation and exclusion of liability. 

[9]    L&L note: Please note that this force majeure provision as currently drafted (likely) constitutes an exoneration clause under Dutch law. The previous footnote 7 about the limited permissibility of exoneration clauses is therefore also applicable to this provision.

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